Immigration inquiry

[Cube-0 0]

good day everyone,
I need professional opinion about my current immigration situation. Briefly, I am a legal resident of Ohio with a grant TPS status since 2013 with a pending asylum ( had to reapply because of first denial and still waiting for interview). My parents came on a green card five years ago and they are waiting for their citizenship interview. I have a pending I-130 (as a beneficiary) that my dad submit for since January 25, 2016 ( priority date) so I can able to adjustment my status when time comes. According to visa bulletin, it looks like F2B nowadays is moving faster than expected and as for today the queue line is in February 2016 (date for filing) which passed my priority date. So I was wondering if I can apply for adjustment of status or there is still another line I have to wait for before I apply. I have zero illegals day since day one in USA. Thank you very much for your help.

[SalishSea 17,836]

36 minutes ago, Cube-0 said:

I need professional opinion about my current immigration situation

The scope of Visa Journey does not include providing professional opinions.  If this is what you need, you should seek paid legal advice.

[Cube-0 0]

I appreciate if someone can still help me with this matter though this website is not meant to be for that. Thank you very much for your time. 

[SusieQQQ 11,586]

If your priority date is current in dates for filing then assuming you are eligible to file, you can file.
To be eligible to file AOS as f2b you must have never been out of status.

Because I’m not professional I do not know if that applies in your case from the history you supplied (there is a difference between being out of status and accruing unlawful presence.) Maybe someone else can advise on that one. 

[GP1977 288]

7 hours ago, Jorgedig said:

The scope of Visa Journey does not include providing professional opinions.  If this is what you need, you should seek paid legal advice.

That is very helpful advice!

[GP1977 288]

8 hours ago, Cube-0 said:

good day everyone,
I need professional opinion about my current immigration situation. Briefly, I am a legal resident of Ohio with a grant TPS status since 2013 with a pending asylum ( had to reapply because of first denial and still waiting for interview). My parents came on a green card five years ago and they are waiting for their citizenship interview. I have a pending I-130 (as a beneficiary) that my dad submit for since January 25, 2016 ( priority date) so I can able to adjustment my status when time comes. According to visa bulletin, it looks like F2B nowadays is moving faster than expected and as for today the queue line is in February 2016 (date for filing) which passed my priority date. So I was wondering if I can apply for adjustment of status or there is still another line I have to wait for before I apply. I have zero illegals day since day one in USA. Thank you very much for your help.

Has your i-130 been approved by USCIS?  When its approved you will receive notice from them and then also receive further instructions from NVC to compete the process.

 

[Cube-0 0]

No, it’s actually still pending but the thing is that I got confused because now July Visa Bulletin had Passed My priority date and still I didn’t receive the I-130 approval yet. So should I really need to wait for I-130 to be approved even though my priority date is current?

[GP1977 288]

1 hour ago, Cube-0 said:

No, it’s actually still pending but the thing is that I got confused because now July Visa Bulletin had Passed My priority date and still I didn’t receive the I-130 approval yet. So should I really need to wait for I-130 to be approved even though my priority date is current?

I believe you have to wait for your PD to be current and your I130 petition has to be approved By USCIS before filing i485

[GP1977 288]

6 hours ago, Cube-0 said:

No, it’s actually still pending but the thing is that I got confused because now July Visa Bulletin had Passed My priority date and still I didn’t receive the I-130 approval yet. So should I really need to wait for I-130 to be approved even though my priority date is current?

I pulled up the instructions for the I485 and yes you do have to wait until the I 130 has been approved because you were not eligible for concurrent filing.    This is under page 4 of the instructions.  

In general, if you are filing as a beneficiary of an immigrant visa petition (such as Form I-130, Form I-140, or Form I-360), you may file an adjustment application only after USCIS has approved your petition and an immigrant visa number is immediately available. There are, however, some immigrant categories that allow you to file Form I-485 before USCIS approves your petition (this is known as “concurrent filing”), provided that approval of the petition would make
a visa number immediately available and you meet all other filing requirements. 
 

 

 

Edited June 20, 2020 by GP1977

[millefleur 5,046]

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[Cube-0 0]

Thank you very much for your help. I really appreciate it. Stay safe